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august 1976

Supreme Court of India · 1976-08-04

HASMUKHALAL DAHAYABHAI & ORS. ETC. ETC vs STATE OF GUJARAT

Citation / case number
SC 1976/60837
Court
Supreme Court of India
Petitioner
HASMUKHALAL DAHAYABHAI & ORS. ETC. ETC
Respondent
STATE OF GUJARAT
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Gujarat Agricultural Land Ceiling Act, 1961, ruling that the second proviso to Article 31A(1) does not impose a fetter on legislative competence. The Court clarified that the definition of 'person' in the Act, which includes a joint family, is valid and does not contradict the General Clauses Act, 1897. The Court held that the Act's provisions regarding ceiling limits and grouping of family members for land holdings are lawful and serve the common good, thus dismissing the appellants' writ petitions.

HASMUKHALAL DAHAYABHAI & ORS. ETC. ETC vs STATE OF GUJARAT · Niyam